Ex parte MEANS et al. - Page 7




          Appeal No. 96-4194                                                          
          Application 08/239,732                                                      


          Everroad with an automatic inspection system for the advantage              
          of rapid and reliable inspection, and to avoid eye fatigue on               
          the part of the human observer (Answer, pages 3, 5 and 6).                  
          Although West uses optical elements between the laser 11 and                
          the tin plate strip 10, Merlen recognizes that the laser beam               
          can be directed onto the scanned surface without the                        
          intervening optics.  For the advantage of a simpler scanning                
          system, it would have been obvious to one of ordinary skill in              
          the art to replace the scanner of West with the much simpler                
          scanning system disclosed by Merlen (Answer, pages 3 and 6).                
          We are also in agreement with the examiner that the choice of               
          a plurality of detectors as disclosed by West in the form of a              
          plurality of perspec light guides 22 (Figure 1), or a single                
          detector as disclosed by Merlen in the form of a pickup                     
          receiver 36 (Figure 2) depends upon "desired extent of the                  
          detection area, cost, and desired resolution" (Answer, pages 3              
          and 4).                                                                     
               In view of the foregoing, the obviousness rejection of                 
          claims 1, 7 and 9 is sustained.  The obviousness rejection of               
          claims 8 and 11 is likewise sustained because of appellants’                
          grouping of the claims (Brief, page 4).                                     
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